Legal Opinion

Gubitz v. Security Mutual Life Insurance

Appellate Division of the Supreme Court of the State of New York

Decided June 14, 1999PublishedCited by 12 opinions

1Opinion of the Court

*452—In an action, inter alia, to rescind a release on the ground that it was procured by duress, the defendant appeals from so much of an order of the Supreme Court, Kings County (Dowd, J.), dated April 20, 1998, as denied that branch of its motion which was to dismiss the plaintiffs first cause of action.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant’s motion which was to dismiss the first cause of action is granted, and the first cause of action is dismissed.

The plaintiff collected $2,000 a month in disability benefits from the…

2Cases cited5 opinions

  1. Edison Stone Corp. v. 42nd Street Development Corp.Appellate Division of the Supreme Court of the State of New York · 1989
  2. Appel v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1985
  3. In re the Estate of GarvinAppellate Division of the Supreme Court of the State of New York · 1994
  4. Bruno v. City of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 1986
  5. Franklin Nursing Home v. Local 144 Hotel, Hospital, Nursing Home & Allied Services UnionAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by12 opinions

  1. Quest Commercial, LLC v. RovnerAppellate Division of the Supreme Court of the State of New York · 2006
  2. Davis v. M & M Developer, LLC (In re MBM Entertainment, LLC)United States Bankruptcy Court, S.D. New York · 2015
  3. Paull v. First UNUM Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
  4. Lincoln Trust v. SpazianoAppellate Division of the Supreme Court of the State of New York · 2014
  5. Nissan Motor Acceptance Corp. v. ScialpiAppellate Division of the Supreme Court of the State of New York · 2011

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